Proposed Road
Stopping and Sale of Legal Road on the corner of Knights Road and Birch Street
Waterloo

Purpose
of Report

1. The purpose of
this report is to consider a proposal to stop a small portion of legal road
adjacent to the property on the corner of Knights Road and Birch Street (227
Knights Road) and sell to the owner of that property.

Recommendations

It is recommended that the
Council:

(i) notes that the owner of 227 Knights Road is interested in
acquiring a small area of legal road of approximately 35m2 which
is situated between the legal boundary and existing fence as shown in
Appendix 1;

(ii) notes that the Road and Traffic Division see no need to retain
this area of legal road for roading purposes now or in the future;

(iii) agrees to stop the portion of legal road adjoining 227 Knights
Road as depicted on the aerial photograph attached as Appendix 1; and

(iv) agrees to sell the stopped road to the owner of 227 Knights Road,
noting that the owner has agreed to meet all costs associated with the road
stopping process and subsequent boundary adjustment, as well as the assessed
market value of the land.

Background

2. In 2015 Council
sold at auction the property at 227 Knights Road which was determined to be
surplus to requirements. The property had been formerly used as a recycling
drop off point but was no longer required for that purpose.

3. The new owner of
the property has approached Council seeking to acquire a small area of land of
approximately 35 square metres that is between the legal boundary and the
existing fence. The fence was erected in its current position by Council,
mostly within the road reserve, in order to give trucks servicing the recycling
depot more room to manoeuvre. This happened about five years ago after a fire
damaged the previous fence.

4. The aerial plan
attached to this report shows the subject area.

Discussion

5. The Road and
Traffic Division has advised that there is no need to retain the land inside
the existing fence for roading purposes. Stopping the road and effecting a
boundary adjustment to conform to the alignment of the existing fence is a
pragmatic solution which in effect will have no negative impact on Council.

6. The proposal
will provide Council with a small one-off payment for the land and a minor
increase in rates revenue.

Options

7. Council could
agree to proceed with the proposed road stopping or reject the proposal.

Consultation

8. Council would be
required to carry out consultation on the proposal if the road stopping is
carried out under the process set out in the Tenth Schedule of the Local
Government Act 1974. If it is determined that the road can be stopped under
the Public Works Act 1981, there will be no requirement to consult.

Legal
Considerations

9. There are two
road stopping mechanisms available to Council. The first is to use the
provisions of section 116 of the Public Works Act 1991 and the second is by way
of section 116 of the Tenth Schedule of the Local Government Act 1974.

10. The Public Works Act option is non-notified and less timely and
costly. It requires the Minister of Lands approval. This option is able to be
used where it can be shown that “adequate road access to land adjoining the
road is left or provided” for the adjoining owner and the adjoining owner
agrees.

11. As the adjoining
owner is the applicant and there are no other adjoining owners, it is likely
that the Public Works Act mechanism will be able to be used.

Financial
Considerations

12. All costs
relating to the stopping of the road and subsequent boundary adjustment,
including legal and surveying costs, will be met by the applicant.

13. The applicant is
prepared to meet the assessed market value of the land.

Other
Considerations

14. In making this
recommendation, officers have given careful consideration to the purpose of
local government in section 10 of the Local Government Act 2002. Officers
believe that this recommendation falls within the purpose of the local
government in that it is consideration of the future of a local roading asset,
within a prescribed statutory process.